This is not the real Overstock, but an alleged upstart calling itself Apparel Overstock.com. And the real Overstock is suing to put the purported e-commerce usurper out of business.

In its six-count, U.S. District Court complaint, the original Internet closeout retailer demands that defendants Product Logic Inc. and company president, secretary and treasurer Anthony J. DiDomenico cease business as Apparel Overstock.com.

The real Overstock, which has levied charges ranging from trademark infringement and false advertising to unfair competition and cybersquatting, also seeks $100,000 in statutory damages. It asks that punitive damages be determined at trial.

Attorney's for Overstock - the seven-year-old, Salt Lake City company - argue that their client registered the overstock.com domain name in February 1999, filed for a federal trademark in September of that year and began doing business under the name a month later.

Apparently ignoring those claims, Product Logic of Odessa, Fla., and DiDomenico registered "appareloverstock.com" as their domain on June 20, 2004, and soon began using the name to sell clothing - including items already sold on Overstock - via its Internet site.

No listed telephone could be found for DiDomenico, and he did not immediately return messages sent to his business Web sites Tuesday.

As of Tuesday evening, no hearing for the case had been set. It is assigned to U.S. Judge Tena Campbell.

bmims@sltrib.com